[22nd December 2023]
REPUBLIC OF SEYCHELLES
Data Protection Act
SUPPLEMENT TO OFFICIAL GAZETTE
638
ACT
(6)
A person on whom an order has been served under this section
shall comply with the order in the time given therein.
(7)
Any person who fails to comply with an order under this section,
commits an offence and shall be liable to an administrative fine not
exceeding SCR200,000.
(8)
Subject to this section, the Commission shall regulate the
handling of complaints, investigations and conduct of hearings in such
manner as the Commission may determine.
(9)
Where the Commission is unable to facilitate, within a
reasonable time, the amicable resolution of the complaint by the parties
concerned, the Commission shall make a decision in relation to the
complaint and notify in writing the person who made the complaint of its
decision.
(10) The Commission shall plan pre-emptive audits of data
processing in any given sector to assess compliance with this Act and
implementing regulations.
(11) If an investigation or audit is performed pursuant to a complaint,
the Commission shall keep the complainant informed of the results of the
investigation or audit.
Enforcement notice and corrective powers
8.(1)
If the Commission has information or receives a complaint that a
data processor or data controller is contravening this Act, the Commission
may, following an investigation or audit, serve that person with a written
enforcement notice requiring him or her to take, within such time as is
specified in the notice, such steps as are specified for securing compliance
with this Act.
(2)
An enforcement notice under subsection (1) shall —
(a)
contain a statement of the provision of this Act that has
been, is being, or is likely to be or to have been
contravened;